THE abolition of the mandatory death penalty is to reduce the severity of punishment meted by the court and to improve the justice system, Wan Junaidi Tuanku Jaafar said.

The minister in the Prime Minister’s Department (Parliament and Law) said they are not enhancing the severity of punishment, as was the case in the last 40 years.

“Every time we amended a law, we increased the severity of the punishment.

“In this case, we are reducing the severity of the punishment, and it is up to the courts to decide whether or not to impose the death penalty,” Wan Junaidi was quoted as saying by The Star.

Wan Junaidi yesterday said the government had agreed to abolish the mandatory death sentence, giving discretionary power to the courts.

He said the decision was made after the presentation of a report on substitute sentences at a cabinet meeting on Wednesday.

The government has also in principle, accepted the recommendation of the special committee on substitute sentences to mandatory death penalty.

Wan Junaidi said his ministry will study alternative sentences to be meted out instead of imposing the death penalty.

“We have to study several things. My request to the government is to let my ministry and the Attorney-General’s Chambers sit down and implement details of the government’s policy.

“We will then submit a cabinet memorandum for the government’s approval of alternative sentences for all offences, not just the death penalty,” he said.

He also said that all stakeholders, civil society groups and lawyers, will be consulted over the new policy to reduce punishments.

“We will do internal studies first. In fact, many volunteers, politicians, and experienced lawyers are willing to render support and assist me in my work. I’m grateful to all these people,” he said.

The Star reported that the death penalty is handed down for 33 offences, which include murder, drug trafficking, kidnapping, possession of firearm and terrorism – 11 of which carry the mandatory death sentence.

Prime Minister Ismail Sabri Yaakob said the death penalty will remain and not be abolished, but added that now judges are given discretion in handing down sentences.

Ismail said the “mandatory” part will be removed and judges will no longer be bound by the word, which previously left them with no choice but to impose the capital punishment on criminals in certain cases, such as drug trafficking.

“We are of the view that everyone deserves a second chance.

“If there are options (of sentences) and if the offender is found to be a hardcore drug trafficker to the extent of causing hundreds of thousands of people to die (due to drugs), he can be sentenced to death.

“However, if the judge feels that the offender should be given a second chance and sentenced to life in prison with whipping, he can mete that out,” he said. – June 11, 2022.